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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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A CLAIMANT'S SUCCESSFUL APPEAL IN A HOUSING DISREPAIR CLAIM: THE DISTRICT JUDGE WAS WRONG TO ALLOCATE THE MATTER TO THE SMALL CLAIMS TRACK...

A CLAIMANT’S SUCCESSFUL APPEAL IN A HOUSING DISREPAIR CLAIM: THE DISTRICT JUDGE WAS WRONG TO ALLOCATE THE MATTER TO THE SMALL CLAIMS TRACK…

June 3, 2026 · by gexall · in Appeals, Applications, Case Management, Civil Procedure, Members Content

I am grateful to Craig Leigh, for sending me a copy of this judgment in relation to an appeal about allocation in a housing disrepair case.   It deals with important principles relating to the allocation of housing disrepair cases. The…

COST BITES 361: THE STEPS A CLAIMANT SHOULD TAKE IF THEY WISH TO RECOVER PRE-ALLOCATION COSTS ON THE BASIS THAT THE CASE WOULD HAVE PROCEEDED IN THE FAST TRACK

COST BITES 361: THE STEPS A CLAIMANT SHOULD TAKE IF THEY WISH TO RECOVER PRE-ALLOCATION COSTS ON THE BASIS THAT THE CASE WOULD HAVE PROCEEDED IN THE FAST TRACK

March 6, 2026 · by gexall · in Appeals, Applications, Assessment of Costs, Case Management, Civil Procedure, Costs, Members Content

I am grateful to Andrew Hogan for sending me a copy of this decision which relates to pre-allocation costs in housing cases. It deals with the question of how the court should address pre-allocation costs where a housing disrepair claim…

WHICH TRACK IS BEST?  THE RULES, CASES AND GUIDANCE: ALLOCATION - SMALL CLAIMS OR FAST TRACK IN HOUSING DISREPAIR CASES: WEBINAR 10th SEPTEMBER 2025

WHICH TRACK IS BEST? THE RULES, CASES AND GUIDANCE: ALLOCATION – SMALL CLAIMS OR FAST TRACK IN HOUSING DISREPAIR CASES: WEBINAR 10th SEPTEMBER 2025

September 4, 2025 · by gexall · in Appeals, Applications, Civil evidence, Civil Procedure, Costs, Damages, Webinar

Over the past month or so we have looked at three cases where the question of allocation of housing disrepair cases has been considered. The issue lies between Fast Track and the Small Claims Track.  This webinar looks at the…

ALLOCATION IN HOUSING DISREPAIR CASES 2:  CLAIMANT'S APPEAL ON ALLOCATION SUCCESSFUL: DISTRICT JUDGE WAS WRONG IN THEIR VIEW OF LIKELY AWARD OF DAMAGES

ALLOCATION IN HOUSING DISREPAIR CASES 2: CLAIMANT’S APPEAL ON ALLOCATION SUCCESSFUL: DISTRICT JUDGE WAS WRONG IN THEIR VIEW OF LIKELY AWARD OF DAMAGES

August 19, 2025 · by gexall · in Appeals, Applications, Civil Procedure, Members Content

This is the second case on allocation in housing cases we are looking at today. The result was the same – the judge allowed the claimant’s appeal against allocation to the Small Claims Track. However the route to success was…

ALLOCATION IN HOUSING DISREPAIR CASES: AN APPEAL JUDGMENT OVERTURNING REFERENCE TO THE SMALL CLAIMS TRACK

ALLOCATION IN HOUSING DISREPAIR CASES: AN APPEAL JUDGMENT OVERTURNING REFERENCE TO THE SMALL CLAIMS TRACK

August 19, 2025 · by gexall · in Appeals, Applications, Civil Procedure, Members Content

Here we look at a judgment where a decision to allocate a housing disrepair case to the Small Claims Track was overturned on appeal.  (This is the first of two cases we will look at today).  The judgment is useful…

CITIZENS ADVICE ARE LOOKING FOR CONSULTANT EXPERTS IN HOUSING: HELP MAKE A DIFFERENCE

CITIZENS ADVICE ARE LOOKING FOR CONSULTANT EXPERTS IN HOUSING: HELP MAKE A DIFFERENCE

December 21, 2020 · by gexall · in Access to justice, Job Advert, Members Content

 Citizens Advice offers confidential advice online, over the phone, and in person, for free. Through our national network of charities, we give people the knowledge and the confidence they need to find their way forward – whoever they are, and…

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COST BITES 423: THE JUDGE'S EYEBROWS ARE RAISED AT AN ADDITIONAL £2,500 BECAUSE THE KC HAS TO STAY FOR THE AFTERNOON...
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COST BITES 419: HOW CLAIMING COUNSEL'S FEES ON AN N260 CAN LEAD TO REFERRAL TO THE ATTORNEY GENERAL FOR CONTEMPT OF COURT PROCEEDINGS TO BE CONSIDERED: SIGNATORY BEWARE
COST BITES 426: COURT OF APPEAL OVERTURNS DECISION THAT A CLAIMANT IN THE SMALL CLAIMS TRACK SHOULD PAY COSTS AFTER DISCONTINUING: "THE SMALL CLAIMS TRACK IS DESIGNED TO BE DIFFERENT"
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